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San Diego Law Review

Library of Congress Authority File

http://id.loc.gov/authorities/names/n79122466

Document Type

Recent Cases

Abstract

T Section 404.6 permits the arrest and prosecution of every person who, by acts or conduct, intends to cause a riot under circumstances where the probabilities that he will succeed are imminent. By allowing the police to arrest such a person or persons, the section intends to nip the riot-rose in the bud and thereby preserve the public peace. Through an analysis of legislative history, case history, and recent opinions of the Supreme Court, the writers will endeavor to support the proposition that private correspondence between consenting parties, whether "obscene" or not, is outside to scope of the obscenity statute.

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